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(영문) 서울중앙지방법원 2017.11.24 2017가합17912
대표자지위부존재확인 청구
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B (Defendant Inspection) 1) Land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”).

D (Legal E, 1980) appears to have died before 1980

On December 19, 197, the registration of ownership transfer was completed in the name of “F company” on the ground of donation on the 10th of the same month. 2) G (legal name H and November 1995), around 1981, paid approximately KRW 8.5 million to I who were children of D, and operated the inspection from that time under the name of F company in the name of F company.

(hereinafter referred to as “Defendant Inspection”) After that, on February 5, 1983, J, K, L, and M, G and their families, shall be named as “O(O) of the Defendant Inspection,” and the instant land and its ground buildings and its appurtenant facilities as its fundamental property; the board of directors consisting of four or six persons; the representative officer elected by the board of directors (in principle, the chief executive officer shall be held concurrently, but in extenuating circumstances, the chief executive officer may be separated from the chief executive officer by a resolution of the board of directors.

(4) On September 14, 1983, G, as the representative of the Defendant’s temple, filed an application for the change of the name of the owner of the instant land to “N religious organization O(N religious organizationO)” from the “FM,” and on the same day, the change of the name of the registered titleholder was completed on the instant land on the same day.

5) Meanwhile, around November 1989, G created N Religious Organization P (the name was changed; hereinafter “P”) on the basis of Defendant inspection as its main inspection, and around September 9, 1989, G registered Defendant inspection as P as its main inspection. 6) G, J, C, K, L, and M by holding the board of directors of Defendant inspection on November 1, 1993 and holding the name of Defendant inspection as RR.

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